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    • ok looks like that's what you need to do. but keep it bare bones for now as post 5  
    • stuff and all if there no signed agreement in the return   dx  
    • 1st again why do you keep changing things before you send them   you've added counterclaim in to our std CPR 31:14 you sent? why? this opens you up to additional costs and I hope you didnt tick counterclaim when you did AOS on mcol too?   also I notice you've  played with our std OD defence above too...   pers I would refrain from continuing to change things as they are written in the frain they are for specific reasons.   your defence is due by 4pm Monday [day 33]   here are 2 versions you will ofcourse need to adapt them to lowells para no's and remove the NOA stuff as your docs show Lowell have complied with those. but don't forget to mention other documents provided to date notably statements contain no proof they came from Lloyds but rather Lowells own internal data system    dx   1. It is admitted with regards to the Defendant entering into an Agreement referred to in the Particulars of Claim ('the Agreement') with the [insert original creditor] . .  2. The defendant denies that the account exceeded the agreed overdraft limit due to overdrawing of funds but is as a result of unfair and extortionate bank charges/penalties being applied to the account. .  3. I refute the claimants claim is owed or payable. The amount claimed is comprised of amongst others default penalties/charges levied on the account for alleged late, missed or over limit payments. The court will be aware that these charge types and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair Terms in Consumer Contracts Regulations 1999 The Office of Fair Trading v Abbey National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety. .  4. It is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer crediticon Act 1974. The Claimant has yet to provide a copy of the Notice of Assignment its claim relies upon. .  5. The claimant is denied from added section 69 interest within the total claimed that as yet to be decided at the courts discretion. .  6. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. .  The claimant is also put to strict proof to:-. .  (a) Provide a copy agreement/facility arrangement along with the Terms and conditions at inception, that this claim is based on.  (b) Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and Notice of Assignment.  (c) Provide a breakdown of their excessive charging/fees levied to the account with justification.  (d) Show how the Claimant has reached the amount claimed.  (e) Show how the Claimant has the legal right, either under statute or equity to issue a claim.  (f) Show how they have complied with sections III & IV of Practice Direction - Pre-action Conduct. .  7. On receipt of this claim I requested documentation by way of a CPR 31.14 request dated [xxxxxxx] namely the Agreement and Termination Demand Notice referred to in the claimants Particulars of Claim. The Claimant has failed to comply with this request. .  By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief. .  .............. or  Particulars of Claim  1.The claim is for the sum of 2470.56 in respect of monies owing pursuant to an overdraft facility under account number XXXXXX XXXXXXXXXX.  2.The debt was legally assigned by Santander UK Plc to the claimant and notice has been served.   3.The Defendant has failed to repay overdrawn sums owing under the terms and conditions of the bank account.   The Claimant claims:  The sum of 2470.56 Interest pursuant to s69 of the county courticon Act 1984 at a rate of 8.00 percent from the 7/04/2015 to the date hereof 14 days is the sum of 7.58Daily interest at the rate of .54  Costs Defence  The Defendant contends that the particulars of the claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   1. It is admitted with regards to the Defendant once having had banking facilities with the original creditor Santander Bank. It is denied that I am indebted for any alleged balance claimed.   2. Paragraph 2 is denied.I am not aware or ever receiving any Notice of Assignment pursuant to the Law and Property Act 1925. It is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer crediticon Act 1974. The Claimant has yet to provide a copy of the Notice of Assignment its claim relies upon.   3. Paragraph 3 is denied. The Original Creditor has never served notice pursuant to 76(1) and 98(1) of the CCA1974  Any alleged amount claimed could only consist in the main of default penalties/charges levied on the account for alleged late, rejected or over limit payments. The court will be aware that these charge types and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair Terms in Consumer Contracts Regulations 1999 The Office of Fair Trading v Abbeyicon National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety.  4. As per Civil Procedureicon Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.  The claimant is also put to strict proof to:-.  (a) Provide a copy agreement/overdraft facility arrangement along with the Terms and conditions at inception that this claim is based on.  (b) Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and Notice of Assignment.  (c) Provide a breakdown of all excessive charging/fees and show how the Claimant has reached the amount claimed.   (d) Show how the Claimant has the legal right, either under statute or equity to issue a claim.  (e) Show how they have complied with sections III & IV of Practice Direction - Pre-action Conduct.  5. On receipt of this claim I requested documentation by way of a CPR 31.14 request dated April 2015 namely the Agreement and Termination Demand Notice referred to in the claimants Particulars of Claim. The Claimant has failed to comply with this request.   By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.  Regards  Andy    
    • Hi   Just read your thread and looked at the Docs posted in your PDF.   1. from AST to rent a Car Parking space you need to have signed a Car Parking Agreement for a Space and for visitors you should have asked permission for another space in advance with a fee to pay. (i also assume renting a parking space would be at a cost)   2. You have no signed Car Parking Agreement nor visitor space agreement.   Did you not fully read that AST before you signed it and pick up what is stated about parking and ask them about this Car Parking Agreement and if you need one to park in the car park?   You could formally complain to them about what was verbally said to you but unless you have evidence of this it may be hard to prove.   You should also contact them and ask how you go about renting a Car Parking space/costs and about the Car Parking Agreement also what the process is for a visitor car parking space/costs.   You need to be aware that they could class you and your visitor as illegally parking in there car park without consent nor a signed car parking agreement which they could use as a Breach of your Tenancy Agreement so you need to be careful in how you are approaching this and where you are parking.   Just for info on checking Manchester Life website they have numerous buildings/apartments/car parks but you may be in a building where some of the apartments are leasehold and as part of there leasehold they may have purchased a car parking space in that building. (so how do you know you are not parking in a space that someone in the building has legally purchased?)
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voodoo29

Lantern/moriarty claimform - old P2P PDL

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Hello

 

Really hoping someone can help. I've received the the forms from court regarding a outstanding debt owed to moriarty law, formerly Lantern and formerly MMF on behalf of poundstopocket.

 

I know I have to respond within 14 days but I really don't want a CCJ because this will affect my future employment and potentially affect my current job.

 

I'd really like to avoid the CCJ but can't afford to pay the full amount at once although I may be able to do over 6 months.

 

Do I have any options as I'm really worried or should I just send the admission and come to a pay monthly agreement and accept the CCJ as satisfied.

 

Thanks

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Hi and Welcome to CAG

 

I have moved your thread to Financial Legal Issues in view of the court claim.

 

Please read the following link and copy and paste the Q,s and your responses back here for further advice on how to proceed.

Please read the link with regards to acknowledging service and the time frames.

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-2018**(1-Viewing)-nbsp

 

Regards

 

Andy


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Thanks for your help Andy. Really appreciated. Questions answered below in caps.

 

Name of the Claimant ? LANTERN DRS LIMITED (FORMERLY MMF) PROTECTION HOUSE, 83 BRADFORD ROAD, PUDSEY, WEST YORKSHIRE, LS28 6AT

Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 20 JUL 2018

 

Particulars of Claim

 

What is the claim for – the reason they have issued the claim? Please type out their particulars of claim in full (verbatim) less any identifiable data and round the amounts up/down.

 

THE DEFENDANT OWES THE CLAIMANT £1300 UNDER A REGULATED LOAN AGREEMENT WITH CASHEURONET LLC T/A QUICK QUID DATED 29/08/2013 AND WHICH WAS ASSIGNED TO THE CLAIMANT in 20/12/2107 AND NOTICE OF WHICH WAS GIVEN TO THE DEFENDANT ON THE 20/12/2017 (DEBT). DESPITE FORMAL DEMAND FOR PAYMENT OF THE DEBT THE DEFENDANT HAS FAILED TO PAY AND THE CLAIMANT CLAIMS £1300 AND FURTHER CLAIMS INTEREST THEREON PURSUANT TO SECTION 69 OF THE COUNTY COURT ACT 1984 LIMITED TO ONE YEAR TO THE DATE HEREOF AT THE RATE OF 8% PER ANNUM AMOUNTING TO £103

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? NO. I HAVE RECEIVED LETTERS BUT NOT ONE SAYING IT WOULD GO TO COURT. I HAVE MOVED ADDRESS SINCE TAKING THIS OUT BUT NOT WITHIN THE LAST 3 YEARS

 

What is the total value of the claim? £1552 INC COURT AND LEGAL

 

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? PAYDAY LOAN

 

When did you enter into the original agreement before or after April 2007? AFTER

 

Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim? IT'S BEEN MOVED FROM QUICKQUID TO LANTERN TO MORIARTY LAW

Were you aware the account had been assigned – did you receive a Notice of Assignment? NOT THAT I REMEMBER

Did you receive a Default Notice from the original creditor? I MAY HAVE DONE BUT THIS WAS NEARLY 6 YEARS AGO SO CAN'T REMEMBER

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? NO I HAVEN'T

 

Why did you cease payments? I GOT MADE REDUNDANT UNEXPECTEDLY AND EVERYTHING GOT ON TOP OF ME AND I WAS STRUGGLING TO GET BY. IT WAS TAKEN WITH GOOD INTENTIONS AS I WAS WORKING WHEN I TOOK IT OUT

What was the date of your last payment? SOME TIME IN 2013 I THINK

 

Was there a dispute with the original creditor that remains unresolved? NO

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? NO

 

Thanks for your help in advance.

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100's of these claims already here

They dont turn up anyway in court

Easy win usually for you

Read these

Get AOS,CCA & CPR running

 

Follow these

https://cse.google.co.uk/cse?cx=partner-pub-8889411648654839:6449422593&ie=UTF-8&q=Mmf+claimform&sa=Search+CAG


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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You have 33 days in total to deal with the process...assuming you defend all.19 days from and including 20 JUL 2018 to acknowledge service and then a further 14 days to submit your defence.

 

You can do it all on line by registering to use MCOL...instructions are contained within the claim pack.

 

Refer back to the link I provided with regards to sending CCA/CPR 31.4 request...do this ASAP.

 

By defending in full this will allow 33 days plus a further possible 3 months by the time it gets to a hearing...you can settle the debt anytime during this period....but only if you defend in full.

 

By admitting you automatically get a CCJ...which appears on your file for 6 years...paid or unpaid...settled or satisfied.

 

Regards

 

Andy


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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Thanks again Andy.

I’ll do as you’ve suggested tomorrow.

 

If I’m defending then do I have a defence?

If I get rejected would I then not be able to pay monthly or would it be within 28 days and if not I have bailiffs round?

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Everyone has a defence if the claim has been issued by a DCA and not the original creditor...your defence puts them to strict proof to disclose all the documents they rely on to support their claim.

 

95% dont and cant disclose the paperwork......but then again they didnt expect you to defend .....you would role over and they would get a default judgment.

 

Make them work for it or at least stretch it out


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

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I’ll do exactly as you say.

 

Would the statute expire if it goes beyond August?

I may need more defence with this in future.

 

Should I reply back to this link?

 

I will happily donate towards the future of CAG group in future.

 

Thanks

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What statute?

Keep to this thread

 

Theres a clickme link in post 4

Go have a readup best way for you to get your q's answered


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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Hey all

 

I'm just in the process of defending a CCJ. Does anyone know whether a payday loan falls under 77, 78 or 79?

 

Apologies if the numbers are wrong but it's fixed term loans, catalogues etc.

 

Thanks

Edited by voodoo29

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Tells you if you click and read all the posts at CCA request link


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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Threads merged

Please keep to one thread


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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Hey all

 

I'm just in the process of defending a CCJ. Does anyone know whether a payday loan falls under 77, 78 or 79?

 

Apologies if the numbers are wrong but it's fixed term loans, catalogues etc.

 

Thanks

 

Section 77...fixed.


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

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